R V JOHNSTON-WALTERS HC INV CRI 2008-025-002025 [2009] NZHC 83 (10 February 2009)

IN THE HIGH COURT OF NEW ZEALAND
INVERCARGILL REGISTRY
                                                                   CRI 2008-025-002025



                                       REGINA



                                           v



               KANE HARRIS JOSEPH
JOHNSTON-WALTERS



Hearing:       10 February 2009 (By Video Link)

Counsel:       M G Sinclair for Crown
               K L McHugh
for Prisoner

Judgment:      10 February 2009



                           JUDGMENT OF FOGARTY J



[1]    I am responding to this
application by the probation officer by substituting
the previous sentence of home detention so that you will now be detained in
the
residence of your maternal grandparents.


[2]    The conditions of your detention will be the same only with the changes of
address and of employer. The conditions will be:


       1.      You are today to travel directly to 325 Yarrow Street, Invercargill,
               being the home of your maternal grandparents, Sylvia and Tom Tawa
               and await the probation officer and
Chubb security.




R V JOHNSTON-WALTERS HC INV CRI 2008-025-002025 10 February 2009

2.   You are to reside at 325 Yarrow Street,
Invercargill, and not to move
     from that address without the prior written approval of your probation
     officer.


3.   You
are not to consume alcohol except in the presence of your
     grandparents, Sylvia and Tom Tawa, and to obey their instructions
as
     to how much you can consume. You are, of course, also not to
     consume any illicit drugs.


4.   You are to take up the
employment offered to you by Mr Bradley
     Ross at B-Rad Contracting, which will be in the first instance, of a
     two week trial
period. If for any reason that employment is not taken
     up or the employment is discontinued the probation officer will
    
inform this Court which will reconvene in order to substitute another
     condition.


5.   You are to attend an assessment for
alcohol and drug counselling; to
     attend and complete alcohol and drug counselling if and as
     recommended by the assessment
to the satisfaction of your probation
     officer and program provider, details of the appropriate program to be
     determined
by your probation officer.


6.   Kane you are not to possess or use any cellphone for the duration of
     the home detention sentence.


7.   You are to attend and complete any counselling or treatment deemed
     necessary, to the satisfaction of the probation officer.

[3]     Kane, I impress on you again that you should be very careful to comply with
these conditions. This is your chance to make
a new life and not to go to prison and
not to enter the criminal fraternity. This is your chance.       Your family is still
supporting
you. That is why I am keeping you out of prison again. I hope that you
will merit the trust that your family has in you and that
I am showing in you.




Solicitors:
Preston Russell Law, Invercargill, for Crown
McKenzie Gray, Invercargill, for Prisoner